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UNITED STATES v. CANTU-COX

No. 21-30416, No. 21-30419.

53 F.4th 324 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Mario CANTU-COX, Defendant-Appellant, United States of America, Plaintiff-Appellee, v. Christopher Cantu-Cox, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 14, 2022.

Attorney(s) appearing for the Case

David Howard Sinkman , Kevin G. Boitmann , Diane Hollenshead Copes, Esq. , Brandon Scott Long , Assistant U.S. Attorneys, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Samantha Jean Kuhn , Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant Carlos Mario Cantu-Cox in No. 21-30416.

Sarah Lynn Ottinger, Esq. , New Orleans, LA, for Defendant-Appellant Christopher Cantu-Cox in No. 21-30419.

Before Clement, Duncan, and Wilson, Circuit Judges.

Carlos and Christopher Cantu-Cox pleaded guilty to a federal drug crime. At sentencing, the district court used information regarding a separate kidnapping to enhance the Cantu-Coxes' sentences. The Cantu-Coxes now appeal, arguing that the use of information about the kidnapping is barred by the Sentencing Guidelines...

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